ILLINOIS POLLUTION CONTROL BOARD
    January 18,
    1991
    JEFFERSON
    SMURFIT
    CORP.,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 91-8
    )
    (Provisional Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF
    THE
    BOARD
    (J. C. Marlin):
    This matter comes before the Board on receipt of an Agency
    Recommendation dated January 16,
    1991.
    The recommendation refers
    to a request from Petitioner,
    Jefferson Smurfit Corp.
    for a 17—
    day provisional variance from the sulfur dioxide emissions
    limitations,
    as set forth in 35 Ill. Adm. Code 214.141,
    for the
    period from December
    15,
    1990 to December 31,
    1990.
    Upon receipt of the request, the Agency issued its
    recommendation, finding that a failure to grant the requested 17-
    day provisional variance would impose an arbitrary or
    unreasonable hardship on Petitioner.
    The Environmental Protection Act provides in pertinent part
    that:
    The Board shall grant provisional variances,
    only upon
    notification from the Agency that compliance on a short
    term basis with any rule or regulation,
    requirement or
    order of the Board, or with any permit requirement
    would impose an arbitrary or unreasonable hardship.
    Ill.
    Rev.
    Stat.
    1989,
    ch.
    111~j, par. 1035(b)
    The few times that the Board has denied such provisional
    variances have been solely on a question of law,
    e.g. the
    variances were for longer than the time limits allowed in the
    statute, or a Board regulation did not allow for such grant of
    variance.
    See Ill. Rev. Stat.
    1989,
    ch.
    111k,
    par. 1036(c).
    The Board hereby grants Petitioner a provisional variance
    from 35 Ill. Adm. Code 214.141 from December 15,
    1990 to December
    31,
    1990 on the following condition:
    Jefferson Smurfitts sulfur
    dioxide emissions from coal—fired sources shall not exceed 2.0
    pounds of sulfur dioxide per MMBtu of actual heat input.
    IT IS SO ORDERED.
    118— 119
    2
    J.
    Duinelle
    dissented.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    do hereby cer ify that the above Order was adopted on the
    Jf~-
    day of
    ,
    1990, by a vote of
    ~
    ~.
    __
    Dorothy !4.,~unn,Clerk
    Illinois ~‘ollutionControl Board
    118—120

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